Immigrant gets six years in DUI accident

Aspen Daily News ^ | December 15, 2008 | David Frey

[HollyButler]

GLENWOOD SPRINGS — In a case that prosecutors likened to a high-profile Denver case, a judge has sentenced an illegal immigrant who killed his friend in a drunken-driving accident to six years in prison.

The sentence is two years longer than one imposed in a nearly identical case earlier this year, but Deputy District Attorney Ed Veronda called that a “botched case by a special prosecutor” and said Garfield County judges were “totally out of whack with the rest of the state” in imposing lighter sentences for vehicular homicides.

Veronda asked Judge David Lass, a retired Eagle County district judge sitting in for District Judge Daniel Petre, who was sick, to consider other sentences across the state when he sentenced Santiago Hernandez, 27, who was born in El Salvador and was brought here illegally by his parents at the age of 5.

The judge sided with prosecutors in the Thursday hearing, calling the recommended six-year sentence “reasonable, fair and appropriate.”

“Frankly, my reaction in death cases is not to start at the minimum but to think about starting from the maximum,” Lass said. “In this case, I believe the defendant is very sincere in his regret about what happened.”

[HollyButler]

Conway insisted that he had no bad intent, though. He argued that if Hernandez were here legally, he would be eligible for probation instead of a prison sentence. Because of his immigration status, he said, Hernandez faces a mandatory four years in prison, which he said would be severe enough for a man who never intended to kill his friend. That was the sentence the county probation department recommended. Gotta love the reasoning here never intended to kill his friend but he did and he should be eligible for probation for killing somebody , I don't following the lawyers resoning here

[leenie312]

My thoughts when I read this is that the guy should serve his sentence and when he is on the way out the door, he should be handed a bill for his room and board for the time in jail..after it is paid..deport him. Just a thought.....

[org.whodat]

..after it is paid..deport him.

And that would never happen, make his parents pay his room and board by taking any and everything they own and deport them.

[AuntB]

“He argued that if Hernandez were here legally, he would be eligible for probation instead of a prison sentence. Because of his immigration status,”

If, if, if.....yes IF only he’d been LEGAL!

[leenie312]

even better....and if he parents aren’t here...send a bill to Mexico

[org.whodat]

born in El Salvador

[HighlyOpinionated]

If he were in jail in El Salvador and had no one to come to the jail each day with food and water, he’d not last 3 weeks. It’s cushy to be placed in a US jail/prison. Television, weight room, law library, computers, etc.

Well, it would be if it weren’t for the nightly “booty calls.”

[leenie312]

whatever...

[gubamyster]

ping

[Eaker]

Well, it would be if it weren’t for the nightly "booty calls."

He will join up with MS-13 and this won't happen.